RAJAN AND ORS. Vs. STATE OF KERALA

JUDGEMENT

(1.) ACCUSED Nos. 3 to 7 in C.C. No. 269/1992 on the file of the Judicial First Class Magistrate Court -I, Ranny, are the revision petitioners herein. The revision petitioners along with accused Nos. 1 and 2 were charge -sheeted by the Sub Inspector of Police, Ranny, police station, in Crime No. 283/1990 under Section 143, 147, 148, 149 and 324 of the Indian Penal Code.

(2.) THE case of the prosecution in nut shell was that, on 30.11.1990 at about 1.15 p.m., the accused Nos. 3 and 4 hired the Jeep with Reg. No. KLB/9630 driven by PW2 in which P.W. 1 was working as cleaner, at the junction leading to Anchukuzhikkakam and thereafter they stopped the vehicle near a super market from where accused Nos. 1, 2 and 5 entered the vehicle and thereafter they reached the place of occurrence, namely Government Tea Plantation at Karikulam and at that time at the request of first accused, the vehicle was stopped and when first accused got down, 2nd accused tied a 'thorth' on the neck of PW2 and he wriggled of the same, at that time first accused hit him with a stone causing injury and 6th accused beat him with iron rod on the left side of the head and accused Nos. 3 and 4 caught hold of the neck of CW1 and first accused hit CW1 with stone and also inflicted injuries with the broken glass piece and this was done with a common object of causing injury to them. By the time accused Nos. 6 and 7 came in a car to that place and joined the attack and thereby all of them have committed the offence punishable under Section 143, 147, 148, 324 read with Section 149 of the Indian Penal Code.

(3.) HEARD the counsel for the revision petitioners and learned Public Prosecutor.